What happens if we cannot agree maintenance?

Where parents cannot reach agreement, the rate of maintenance payable for a child can be determined by a court. As a guide to work out how much maintenance should be paid, the court can refer to the child support formula (see our pamphlet "Child Support-Stage 2").

The court cannot take into account any entitlement of the child or the person with whom the child lives, to an income tested pension, allowance or benefit. The court must also disregard the income, earning capacity, property or financial resources of any person who does not have a legal duty to maintain the child, such as the partner of either the payer or the payee.

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